Toxic Release Inventory (TRI) Reporting

In 1984 a deadly cloud of methyl isocyanate killed thousands of people in Bhopal, India. Shortly thereafter there was a serious chemical release at a sister plant in West Virginia. These incidents underscored demands by industrial workers and communities in several states for information on hazardous materials. Public interest and environmental organizations around the country accelerated demands for information on toxic chemicals being released "beyond the fence line" outside of the facility. Against this background, the federal Emergency Planning and Community Right-to-Know Act (EPCRA), also known as SARA Title III, was enacted.

Section 313 of EPCRA specifically requires facilities to report releases of over 767 designated toxic chemicals into the environment. TRI Chemicals are those that may cause cancer or other chronic human health effects, significant adverse acute human health effects, and/or significant adverse environmental effects. TRI facilities are required to report on releases of toxic chemicals into the air, water, and land. In addition, they need to report off-site transfers -- a transfer of wastes for chemical recycling, treatment, or disposal at a separate facility. Facilities may also report pollution prevention activities. The reports are submitted to the U.S. Environmental Protection Agency (EPA) and, in Pennsylvania, to the Department of Labor & Industry, Bureau of Occupational & Industrial Safety/Pennsafe Program. EPA compiles this data in an on-line, publicly accessible national computerized Toxics Release Inventory (TRI) on the Internet at https://enviro.epa.gov/triexplorer/tri_release.chemical.

Section 7321 of the National Defense Authorization Act for Fiscal Year 2020 (P.L. 116-92) (NDAA) added 172 Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI) list. These chemicals are subject to TRI reporting requirements starting with Reporting Year 2020, with TRI reporting forms due by July 1, 2021.

On February 19, 2020, EPA published an updated list of PFAS added to the TRI list by the NDAA. This updated list contains 172 PFAS. The prior version contained 160 PFAS. Twelve PFAS were removed from the prior list and twenty-four PFAS were added to create this updated list.

https://www.epa.gov/toxics-release-inventory-tri-program/list-pfas-added-tri-ndaa

The Commonwealth of Pennsylvania follows the U.S. Environmental Protection Agency (EPA) Toxic Release Inventory (TRI) Program reporting guidelines and has no additional TRI requirements. The department is responsible for processing the TRI reports and the related TRI reporting fees (see ‘Pennsylvania Fee Requirements’ below).

Reports covering the prior calendar year must be submitted annually by July 1. Pennsylvania is a partner in the TRI State Data Exchange. TRI data for Pennsylvania facilities is reported via the internet to the EPA Central Data Exchange (CDX) using the EPA TRI-MEweb (TRI-ME) software. This data exchange allows EPA's CDX to automatically forward copies of electronic TRI submissions from Pennsylvania facilities to the Department of Labor & Industry. The reporting facility will receive instant receipt confirmation of its submission from the CDX. This method of reporting reduces the burden of dual reporting for Pennsylvania facilities and eliminates hardcopy TRI submissions. This also allows both EPA and Pennsylvania to process TRI reports more efficiently and with reduced potential for data entry errors.

If you have any questions about the CDX submission process, e-mail epa.cdx@csc.com or call toll free: 1-888-890-1995 between the hours of 8:00 a.m. - 6:00 p.m. Eastern Time. For additional information about CDX, please go to http://cdx.epa.gov.

If you wish to file a hard copy, please contact the CDX for guidance. If your facility is permitted to file a hard copy, the form must be submitted to both EPA and the department.

Facilities identified in the table below that have the equivalent of 10 or more full-time employees and meet the established thresholds for manufacture, processing, or "otherwise use" of listed chemicals (i.e., manufactures or processes over 25,000 pounds of the approximately 600 designated chemicals or 28 chemical categories specified in the regulations, or uses more than 10,000 pounds of any designated chemical or category) must report their releases and other waste management quantities (including quantities transferred off-site for further waste management).

The Emergency Planning and Community Right-to-Know Act originally required TRI reporting using four-digit Standard Industrial Classification (SIC) codes. However, the Office of Management and Budget replaced the SIC code system with the NAICS code system developed by the U.S. Census Bureau, and TRI adopted this system in 2006 (71 FR 32464). NAICS codes are updated every five years, and TRI facilities currently use OMB-revised 2012 six-digit NAICS codes on their TRI reporting forms.

NOTE: It is the full six-digit NAICS code (not the two, three, four, or five digit-code) that determines a facility's coverage under the TRI Program.

NOTE: It is the full six-digit NAICS code (not the two, three, four, or five digit-code) that determines a facility's coverage under the TRI Program.

• 212 Mining
• 221 Utilities
• 31 - 33 Manufacturing
• All Other Miscellaneous Manufacturing (includes 1119, 1131, 2111, 4883, 5417, 8114)
• 424 Merchant Wholesalers, Non-durable Goods
• 425 Wholesale Electronic Markets and Agents Brokers
• 511, 512, 519 Publishing
• 562 Hazardous Waste
• Federal Facilities
• The full listing of codes is available.

EPA offers an online TRI screening product to determine if your facility meets the TRI reporting requirements. This screening tool is available online.

Important: Please note that in order to use TRI-MEweb, certifying officials must register for the application in CDX. This registration requires the printing, completion, and mailing of an electronic signature agreement. Please allow adequate time for the mailing and processing of this form, which is estimated to take a minimum of 5 business days.

Certifiers may register for TRI-MEweb in two ways:

1. A preparer for a facility may nominate a certifier. The certifier will then receive an email with instructions from CDX on the registration process.
2. A certifier may register at the CDX directly.

More information and Tutorials on TRI-ME Reporting Software is available.

For each chemical reported on the Toxic Chemical Release Inventory or alternate Threshold Certification Form, a fee of $250 is to be paid to the "Pennsylvania Hazardous Material Response Fund." These are payable only by check or money order.

• The maximum fee for any facility is $5,000, regardless of how many chemicals are reported.
• Publicly owned facilities are fee exempt.
• Under Act 165, there are no county fees for TRI reporting.

Download TRI Invoice

The reports and related fees are due by July 1. If you submitted your TRI report via the CDX, you must still mail your payment to the department. Fee payments, invoices and hard copy reports for those not filing via the CDX are to be sent to the following addresses:

FOR CERTIFIED MAIL – Department of Labor & Industry, Bureau of Occupational & Industrial Safety/Pennsafe Program, Room 1600 Labor & Industry Building, 651 Boas Street, Harrisburg, PA 17121.

FOR REGULAR MAIL – Department of Labor & Industry, Bureau of Occupational & Industrial Safety/Pennsafe Program, Room 1600 Labor & Industry Building, P.O. Box 68571, Harrisburg, PA 17106-8571.

For TRI reporting guidance, please contact the national EPCRA Hotline toll-free at 1-800-424-9346, Option #3

For questions relative to TRI fees, please contact the department at 717-783-2071 Option 0 or by email to ra-li-psaf-pennsafe@pa.gov.